Re: Dual-Licensing Linux Kernel with GPL V2 and GPL V3

[Ingo Molnar]

* David Woodhouse <dwmw2@xxxxxxxxxxxxx> wrote:

> Who cares about whether the module is a derivative work? That's only 
> relevant when you distribute the module as a separate work. When you 
> ship a combined work including both the kernel and the module in 
> question, it's a _whole_ lot easier to interpret the GPL.

i fully support the notion you articulate, that whether bin-only modules 
are part of a derivative work of the kernel or whether they are 
independent works is not an automatic thing at all. The answer is: "it 
depends, talk to your lawyer". For example i'd say VMWare's ESX bin-only 
module is likely derived from the Linux kernel and should be distributed 
under the GPL, but that for example the ATI and nvidia drivers, although 
being a large PITA for all of us, are possibly independent works.

but lets note that this is irrelevant to the Tivo argument. Tivo is not 
using bin-only modules AFAIK, all their source code is available for 
download. (their kernel source is totally uninteresting by the way - 
they have some weird crap IDE controller with hacks that will never go 
upstream.)

	Ingo
-
To unsubscribe from this list: send the line "unsubscribe linux-kernel" in
the body of a message to majordomo@xxxxxxxxxxxxxxx
More majordomo info at  http://vger.kernel.org/majordomo-info.html
Please read the FAQ at  http://www.tux.org/lkml/